Police v Tasele [2017] WSSC 167 (29 September 2017)

THE SUPREME COURT OF SAMOA
Police v Tasele [2017] WSSC 167

Case name:	Police v Tasele
Citation:	[2017] WSSC 167
Sentence date:	29 September 2017
Parties:	POLICE v TUFI TASELE male of Salelologa, Savaii
Hearing date(s):
File number(s):
Jurisdiction:	Criminal
Place of delivery:	The Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Tafaoimalo Leilani Tuala-Warren
On appeal from: Order:
	- Convicted of sexual connection with a young person under 16 years and sentenced to 4 months imprisonment
Representation:	A Matalasi for Prosecution Accused Unrepresented
Catchwords:	Sexual Conduct with a young person under 16 years
Words and phrases:
Legislation cited:	Crimes Act 2013, section 59(1)
Cases cited:	Police v Imoa [2014] WSSC 144 Police v Fetu [2013] WSSC 105 (9 September 2013)
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

TUFI TASELE male of Salelologa, Savaii
Accused

Counsel:
A Matalasi for Prosecution
Accused Unrepresented

Sentence: 29 September 2017

SENTENCE

The charge

1. The accused appears for sentence on one charge of sexual connection with a young person under 16 years pursuant to section 59(1) of the Crimes Act 2013, which carries a maximum penalty of 10 years imprisonment.
2. He pleaded guilty to the charge on 11 September 2017.

The offending

3. The Prosecution summary of facts admitted by the accused says that between 1 January 2016 and 31 December 2016, the accused had sexual intercourse with the victim. The nature of their relationship appears to be one of boyfriend-girlfriend. The accused instigated the sexual connection. They are well acquainted as they are from the same village. The victim fell pregnant as a result.
4. The victim was 15 years old and the accused was 21.

The accused

5. As shown in the pre-sentence report, the accused is 21years old, single and lives with his parents. He sells agricultural products from the family plantation. They have a family shop in the village.
6. His brother in law told probation that the family relies on the accused to oversee their business, and plantation.
7. There are testimonials from his village mayor and Reverend in his favour. The village mayor says that the accused is respectful and a regular church goer. His Reverend says that he is active in youth activities.
8. There has been reconciliation between the family of the accused and the victim’s family. There is a letter from the victim’s parents which says that they have forgiven the accused.
9. The accused has paid a village penalty for this offending.
10. He is a first offender.

The victim

11. The victim says that having a baby has changed her life. She is now unable to fulfil her dreams as she has to stay home to look after her child. She says she does not want to see the accused again. She does not want to forgive him for what he did.

Aggravating features of the offending

12. The first aggravating feature is the young age of the victim. She was 15 years old. Section 61(2)(a) provides that it is not a defence to a charge under section 59 that the young person concerned consented.
13. The second is the fact that she fell pregnant as a result of the offending. This has impacted on her life in a significant way. She cannot finish school and seek a good future. The accused has not assisted the victim financially with the child. This indicates that he has not taken responsibility for what has happened. The Court is not in any way shape or form encouraging that the accused and victim should be a couple but assistance in other ways to this young girl in raising her child alone would have indicated to the Court that the accused has taken responsibility for, and has acknowledged the effect of the offending on the victim.

Mitigating Factors

14. The reconciliation between the families is taken into account.
15. The village penalty is taken into account.
16. I take into account the testimonials in his favour.
17. His guilty plea at the earliest opportunity is taken into account.

Discussion

18. The Court’s attitude to this kind of offence is well established.
19. Nelson J in Police v Imoa [2014] WSSC 144, said that ‘the law is there to protect young girls from mature men taking advantage of them. It is also there to protect young girls from making rash decisions and from getting into trouble’.
20. This is a case of sexual intercourse with an underage girl. As Nelson J said in Police v Fetu [2013] WSSC 105 (9 September 2013), this is the very sort of young female that the law of carnal knowledge is designed to protect.
21. The sentences imposed by the Court have usually been custodial.
22. Prosecution has submitted that 18 months imprisonment as a starting point is appropriate in this case. Probation has recommended a community based sentence.
23. Having taken into account the aggravating features of the offending, I find that a custodial sentence is appropriate in this case. The starting point in this case is 18 months imprisonment. I deduct 4 months for the reconciliation between the families. I deduct 6 months for his penalty to the village. I deduct 2 months for the testimonials in his favour. Finally I deduct 2 months for his guilty plea at the earliest opportunity.

The result

24. The accused is convicted of sexual connection with a young person under 16 years and sentenced to 4 months imprisonment.

JUSTICE TAFAOIMALO LEILANI TUALA-WARREN